Avoidance Actions, Case Overviews, Chapter 15, What We're Watching Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15 Contributor(s) Andriana Georgallas
Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching Aviation Chapter 11 Cases Take Flight Contributor(s) Kelly DiBlasi Jason George
Chapter 15, Claims, International, Litigation Issues, Pre-Filing Considerations Clearing a Runway to Litigating Claims: The Principle of Comity and Pre-Litigation Discovery in Chapter 15 Cases Contributor(s) Ronit J. Berkovich John Zhang
Avoidance Actions, Case Overviews, Chapter 15, What We're Watching Avoiding Foreign Transfers Based on Foreign Law Claims: Fairfield Sentry Cases Illustrate Broad Scope of Safe Harbor in Chapter 15 Contributor(s) Andriana Georgallas
Chapter 15 Weil Represents Norwegian Air in Obtaining Chapter 15 Recognition of Successful Cross-Border Restructuring Contributor(s) Kelly DiBlasi
Case Overviews, Chapter 15, International syncreon’s Financial Restructuring Implemented by Landmark English Schemes of Arrangement with Parallel Chapter 15 and CCAA Recognition Contributor(s) Matt Barr Andrew J. Wilkinson Mark Lawford
Case Overviews, Chapter 15, Due Process Concerns, International The High Burden to Satisfy the “Manifestly Contrary to Public Policy” Standard of Chapter 15 Contributor(s) Ronit J. Berkovich
Chapter 15 Chapter 15 Recognition of Third-Party Releases in Cross-Border Restructurings Contributor(s) David Griffiths Alexander Welch
Chapter 15 Comity for Croatia: S.D.N.Y. Decision in Agrokor Reinforces Respect for Foreign Rulings in Chapter 15 Contributor(s) Ronit J. Berkovich
Automatic Stay, Canadian Restructuring Issues, Chapter 15 Return to Sender? Domestic Reach of Foreign Stay Can Be Modified in Chapter 15 Recognition Order, Without Trip to Foreign Court
Automatic Stay, Chapter 15 How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order
Chapter 15 Chapter 15 for All: SDNY Bankruptcy Court Holds that Indenture Governed by New York Law Constitutes “Property in the United States” Under Section 109(a)
Avoidance Actions, Chapter 15, Chapter 7 Trustees, Claims, Due Process Concerns, Financing, International, Litigation Issues, Lookback Period, Mass Torts Lookback Period: Two Weeks
Avoidance Actions, Chapter 15, Claims, International Bankruptcy Court Analyzes English and Luxembourgish Insolvency Law – Opts to Take a Cup of Tea With its Decision and Decline Luxembourg’s eau de vie1
Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims Lookback Period: Eight Weeks (Part 3)
Chapter 15, International OAS S.A. Part III – SDNY Takes a Narrow View of Chapter 15’s Public Policy Exception
Chapter 15, International OAS S.A. Part II – SDNY Holds That Austrian Financing Subsidiary Has Its Center of Main Interests in Brazil
Chapter 15, International SDNY Sides with Fifth Circuit and the UNCITRAL Model Law when Granting Recognition to OAS S.A. et al.
Chapter 15 Bankruptcy Court Decision Sheds Light on Cross-Border Eligibility, Venue, and COMI Issues (Part Two)
Chapter 15 Bankruptcy Court Decision Sheds Light on Cross-Border Eligibility, Venue, and COMI Issues (Part One)
Chapter 15 A Comity of (Reversible) Error: Second Circuit Finds Foreign Debtor’s Claim Against U.S. Debtor Is “Located” in the United States
Chapter 15 Brazilian Reorganization Plan: Fundamentally Fair or Wholesale Trampling of Creditors’ Rights?
Chapter 15 Foreign Debtor Eligibility for Chapter 15: The Second Circuit’s Gateway Requirements May Not Limit Access After All
Cryptocurrency Issues, Chapter 15, Financial Markets, International, Jurisdiction & Appeals, Pre-Filing Considerations Foreign Bitcoin Exchanges and Chapter 15
Chapter 15, Releases & Exculpations Post-Vitro, SDNY Bankruptcy Court Approves Recognition Order Seeking Enforcement of Third Party Releases
Chapter 15, Intellectual Property Balancing Act, Part II: Fourth Circuit Court of Appeals Affirms Bankruptcy Court’s Decision in Qimonda
Chapter 15 Cutting in Line Will Not Be Tolerated: Third Circuit Grants Recognition to Australian Bankruptcy Proceedings and Prevents Unsecured Creditor From Seizing U.S. Assets
Chapter 15 COMI Maybe? The Second Circuit Examines the Relevant Date for Determining a Debtor’s “Center of Main Interests”
Chapter 15 There’s No Place Like “COMI”: Court Denies Chapter 15 Recognition of UK Bankruptcy Case After Determining that Debtor’s Center of Main Interests is in the US
Chapter 15 A Framework for Comity: The Fifth Circuit’s Vitro Decision and the Relationship between Sections 1507 and 1521 of the Bankruptcy Code
Chapter 15, Litigation Issues Target of Investigation “Discovers” that Section 1521(a)(4) of the Bankruptcy Code Permits Broad Discovery of a Debtor’s Property and Affairs
Chapter 15 There’s No Comity Relief Here: U.S. Bankruptcy Court Denies Petition for Recognition of Mexican Plan of Reorganization on Grounds that Releases of Non-Debtor Guarantors Are Contrary to U.S. Public Policy
Chapter 15, Jurisdiction & Appeals Chapter 15 Offers Safe Harbor But Not Complete Refuge From Foreign Court Rulings
Chapter 15, Jurisdiction & Appeals Bankruptcy Court Remains the Port of Call – Breach of Contract Claims Remain in Shipping Debtor’s Case
Chapter 15, Executory Contracts & Unexpired Leases Balancing Act: Comity, Public Policy, and the Protection of “Other Interests” in Chapter 15
Chapter 15, International You Are Now Entering the Twilight Zone: The British Virgin Islands, The Only Place Where Madoff, Stern, and Chapter 15 Meet
Automatic Stay, Chapter 15, International Bankruptcy Court Holds That Foreign Debtor’s Chapter 15 Stay Is Not Here to Stay
Chapter 15, International The British Virgin Islands: A Paradise to Tourists and Mutual Fund Investors Alike… with Blue Skies, Full Moon Parties… and Clawback-Free Zones
Chapter 15, Schedules & SOFAs For Your Eyes Only: AWAL Bank Succeeds in Limiting Its Bankruptcy Code Disclosure Obligations Contributor(s) David Griffiths
Chapter 15 Canceling The Wire: U.S. Bankruptcy Court Declines to Recognize and Enforce German Mail Interception Order
Chapter 15 Exacting Their Tolling Period: Chapter 15 Debtors Entitled to Benefit of Section 108 of the Bankruptcy Code
Breaking the Code, Chapter 15 Section 1503. International Obligations of the United States Contributor(s) David Griffiths
Canadian Restructuring Issues, Chapter 15, Tax Issues IRS May Find Decision Interpreting the U.S. Anti-Injunction Act in a Chapter 15 Case Taxing
Chapter 15 SDNY Narrows the Extraterritorial Reach of the Automatic Stay Available under Chapter 15 of the Bankruptcy Code for a Debtor in a Foreign Main Proceeding
Chapter 15 Can a Board of Directors of a Foreign Entity Appoint the Foreign Representative in a U.S. Chapter 15 Filing Without First Obtaining Authority from the Foreign Bankruptcy Court?